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Compulsory school attendance: election and duties of welfare officer, compulsory attendance law, and rules and regulations adopted by the State Board of Education

C01',C=ULS0RY SCHOOL ATTENDANCE
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THE LIBRARY OF THE
UNIVERSITY OF
NORTH CAROLINA
THE COLLECTION OF
NORTH CAROLINIANA
PRESENTED BY
Gary ?/. Barefoot
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00034026385
FOR USE ONLY IN
THE NORTH CAROLINA COLLECTION
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Publication? No. 247
COMPULSORY
SCHOOL ATTENDANCE
Issued by the
State Supeei>'texdent of Public Instructio:n
Raleigh, North Carolina
CJf'jL'J ;j
CONTENTS
Page
Preface 3
Statement by Mrs. W. T. Bost, Commissioner of State Board of
Charities and Public Welfare 5
Law—Compulsory Attendance in Schools 7
Rulings of the Attornej- General Concerning Compulsory School
Attendance 11
Rules and Regulations Adopted by the State Board of Education 16
Forms Authorized by the State Superintendent of Public Instruction 22
PREFACE
The importance of regular school attendance as a requisite to good
learning is well-known. While school attendance is compulsory for all
children between the ages of seven and fourteen, the Constitution pro-vides
that all children between the ages of six and twenty-one years are
entitled to the benefits of public education. Regular school attendance,
however, has not yet reached the point where the results from good
teaching situations may be considered satisfactory. In a few local areas
where attendance officers have been especially active, notable success has
been made. But on a State-wide basis, even though there has been some
effort to improve the situation, there are still more unnecessary absences
than there should be.
Every teacher knows that adequate instruction cannot be given to a
pupil who attends classes irregularly. Most parents realize this too. And
yet last year, 1942-43, there were an average of 56,439 absences for each
day the schools operated. The records show that absences are greater
among pupils in the elementary grades, one out of each 14 in membership
as against one out of each 18 in grades 8-12. The reports also show that
in addition to these daily absences there were 57,000 pupils who actually
stopped school to enter employment or for other reasons. Some of these
were unavoidable, it is true; but it is obvious that when one child out of
every fourteen in average daily membership is absent, efficiency of in-struction
decreases and pupil retardation increases. The fact that the
Army is now having to conduct schools in order to teach soldiers how to
read and write indicates that such soldiers did not attend school regularly
when they had the opportunity.
Under the authority conferred by the Compulsory Attendance Law and
in accordance with the Rules and Regulations of the State Board of
Education, every public school official, including boards of education,
superintendents, supervisors, principals, attendance officers, and teachers,
is charged with specific duties and responsibilities in connection with the
enforcement of the law. That this law has not been enforced in a good
vJ many places is generally known. This noncompliance with the law appears
« to be due to the fact that responsibility for its enforcement has been
Ti distributed and the officials concerned have not always worked together
^=> closely enough to make the law effective. In addition, a lack of knowl-edge
or misunderstanding as to respective duties and responsibilities has
caused a general apathy to grow up among school people and welfare
officers alike, each holding the other responsible for the enforcement of
the law.
Believing that the time has come when something should be done to
clarify this situation, Mrs. W. T. Bost, State Commissioner of Charities
ind Welfare, and I jointly appointed a committee to study the situation
and to make recommendations as to ways and means of stimulating more
'^^ interest in school attendance and to define the duties and responsibilities
of each person concerned with the enforcement of the law. That com-mittee,
composed of school superintendents, welfare superintendents and
?^
4 Compulsory School Attexdance
State department officials, has recently made its report which includes
five major recommendations as follows:
1. That "Rules of Procedure for the Enforcement of the Compulsory
Attendance Law" be adopted.
2. That the "Rules and Regulations Governing Compulsory School
Attendance Adopted by the State Board of Education" be revised.
3. That the forms used in the enforcement of the law be revised.
4. That a bulletin on Compulsory School Attendance based on the
adopted revisions be prepared and distributed.
5. That a "State-wide Campaign to Secure Better School Attendance"
be initiated and carried out.
The State Board of Education at its meeting on February 24, 1944,
adopted the Report of the Committee, and approved the preparation of a
publication containing the Compulsory Attendance Law, the Rules and
Regulations of the State Board of Education as amended in accordance
with the suggestions of the Committee, the "Rules of Procedure for the
Enforcement of the Compulsory Attendance Law" as prepared by the Com-mittee,
Rulings of the Attorney General as to certain questions concerning
the Law, and a statement by Mrs. W. T. Bost, Commissioner of Public
Charities and Welfare. The revised forms suggested by the Committee
are also printed in this bulletin.
Upon receipt of this publication, I wish each of you to read it carefully,
especially that part which concerns your duties and responsibilities, and
begin Jioiv in line with the suggestions contained herein to inaugurate a
program to secure better school attendance not only for the remaining
months of this year, but for each succeeding year. As you well know,
school attendance is more inclusive than just the enforcement of the Com-pulsory
School Attendance Law. I hope, therefore, that you will consider
it in its broader aspects and will cooperate with others in an effort to
secure better school attendance beginning with the enforcement of the
law.
Btate Superintendent of Public Instruction.
February 25, 1944.
STATEMENT BY MRS. W. T. BOST, COMMISSIONER OF
STATE BOARD OF CHARITIES AND PUBLIC WELFARE
The statement made by Dr. Clyde A. Erwin, State Superintendent of
Public Instruction, that during the school year 1942-43 there was an
average of 56,439 absences for each day the schools operated is a startling
one, and calls for constructive action on the part of all State and local
agencies charged with responsibility for the enforcement of the com-pulsory
school attendance act in North Carolina. Apparently other states
are faced with similar problems as statistics show that from 1940 to 1942
there was a ten per cent drop in school enrollment.
According to the more recent ruling of the Attorney General's Office, it
is the duty of the County Superintendent of Public Welfare under the law
"to investigate and prosecute all violators" of the compulsory attendance
law which assumes that before the report of absences has been placed in
the hands of the welfare superintendent by school officials it has been
determined by investigation that it is an unlawful absence and therefore
a violation of the law. Enabling legislation passed in 193 9 permitted
county and city administrative school boards to appoint special school
attendance officers, and in such cases, responsibility for enforcement of
compulsory school attendance is transferred from the county superin-tendent
of public welfare to the special school attendance officer.
Regardless of the degree of responsibility lodged with county welfare
departments for seeing that children attend school, social workers are
among the first to recognize the school as a most valuable resource and as
a positive force in the training of children. They likewise recognize
school truancy as a first step in juvenile delinquency. In case work with
families needing public assistance, proper clothing for school children is
among the first needs to be recognized and met. The correction of some
physical defect by medical care, or perhaps the study and treatment of a
mental or emotional disturbance of a child are other conditions that claim
attention. In other words, the welfare department is deeply concerned in
the matter of preparing the child for school as well as keeping him in
school.
While it is true that North Carolina along with two other states,
Georgia and Lousiana, permit children to stop school at the age of 14,
have we not a responsibility for seeing that all children between the ages
of 6 and 21 avail themselves of the benefits of public education, thereby
fitting themselves for becoming self-supporting, self-reliant citizens?
Katherine F. Lenroot, Chief of the United States Children's Bureau,
recently stated that 3,000,000 children 14 to 17 years of age are now em-ployed,
and urged that we see to it that many of those children be put
back in school. Hundreds of instances are shown in which manj- of those
young people are carrying a double load with a full schedule of school
work and long hours of outside work, sometimes as much as 5 6 or 70
hours a week. Many of these young people are lured from home and
6 Compulsory School Attendance
school by the glamor of these war jobs at high wages, when in actuality
there is no economic need for them to work. They should be kept in
school.
In 1942 the number of 14 and 15 year-olds obtaining certificates for
full or part-time employment in the country was twice as great as 1941,
and for the 16 and 17 year-old group the increase was nearly 75%. In
North Carolina in 1941 the number of non-manufacturing group children
14-16 in employment was 3,259 while in 1942 it was 6,753. For the group
16-18, 17, 114 work certificates were issued in 1941 and 28,666 in 1942.
There is a dual responsibility therefore placed upon all agencies con-cerned
with youth, not only for enforcement of the compulsory school
attendance law but encouragement and stimulation of these young people
to stay in school beyond the required age of 14, if they are to acquire the
skills and training they must have in order to meet the stiff competition
that employment offers today.
COMPULSORY ATTENDANCE IN SCHOOLS
(SUBCHAPTER XV, CHAPTER 115, N. C. CODE)
Art. 42. General Compulsory Attendance Law
§115-30 2. Parent or guardian required to keep child in school; excep-tion.
Every parent, guardian, or other person in the State having charge
or control of a child between the ages of seven and fourteen years shall
cause such child to attend school continuouslj" for a period equal to the
time which the public school in the district in which the child resides shall
be in session. The principal, superintendent, or teacher who is in charge
of such school shall have the right to excuse the child from temporary
attendance on account of sickness or distance of residence from the school,
or other unavoidable cause which does not constitute truancy as defined
by the State Board of Education. The term "school" as used in this sec-tion
is defined to embrace all public schools and such private schools as
have tutors or teachers and curricula that are approved by the county
superintendent of public instruction or the State Board of Education.
All private schools receiving and instructing children of compulsory
school age shall be required to keep such records of attendance and render
such reports of the attendance of such children as are required of public
schools; and attendance upon such schools, if the school or tutor refuses
or neglects to keep such records or to render such reports, shall not be
accepted in lieu of attendance upon the public school of the district, town,
or city which the child shall be entitled to attend: Provided, instruction
in a private school or by a private tutor shall not be regarded as meeting
the requirements of the law unless the courses of instruction run con-currently
with the term of the public school in the district and extend for
at least as long a term. (1923, c. 136, s. 347; 1925, c. 226, s. 1; C. S.
5757.)
§115-30 3. State Board of Education to make rules and regulations;
method of enforcement. It shall be the duty of the State Board of Edu-cation
to formulate such rules and regulations as may be necessary for
the proper enforcement of the provisions of this article. The Board shall
prescribe what shall constitute truancy, what causes may constitute legiti-mate
excuses for temporary non-attendance due to physical or mental
inability to attend, and under what circumstances teachers, principals, or
superintendents may excuse pupils for non-attendance due to immediate
demands of the farm or the home in certain seasons of the year in the
several sections of the State. It shall be the duty of all school officials to
carry out such instructions from the State Board of Education, and any
school official failing to carry out such, instructions shall be guilty of a
misdemeanor. Provided, that the preceding section shall not be in force
in any City or County that has a higher compulsory attendance law now
in force than that provided herein; but in any such case it shall be the duty
of the State Board of Education to investigate the same and decide that
any such law now in force has a higher compulsory attendance feature than
that provided by this article: Provided, that wherever any district is with-out
adequate buildings for the proper enforcement of this article, the
County Boards of Education may be allowed not more than two years
8 Compulsory School Attendance
from July the first, one thousand nine hundred and nineteen, to make full
and ample provision in every district.
Mental incapacity shall be an excuse for non-attendance, and is inter-preted
to mean feeble-mindedness or such nervous disorder as to make it
either impossible for such child to profit by instruction given in the school
or impracticable for the teacher properly to instruct the normal pupils of
the school. In the case of feeble-minded children the teacher shall desig-nate
the same in her reports to the County Superintendent of Public
Welfare, and it shall be his duty to report all such cases to the State Board
of Charities and Public Welfare. Whereupon said Board shall make, or
cause to be made, an examination to ascertain the mental incapacity of
said child and report the same to the County or City Superintendent in-volved.
Upon receipt of said report the local school authorities are hereby
authorized, under such limitations and rules as the State Board of Edu-cation
may adopt, to exclude said child from the public school when it is
ascertained that the child cannot benefit by said instruction and his
presence becomes a source of disturbance to the rest of the children. In
all such cases in vi^hich a child is excluded from school a complete record
of the whole transaction shall be filed in the office of the County or City
Superintendent and kept as a public record. (1923, c. 136, s. 348; 1931,
c. 453, s. 1; C. S. 5758.)
§115-304. Attendance officers; reports; prosecutions. The State Super-intendent
of Public Instruction shall prepare such rules and procedure and
furnish such blanks for teachers and other school officials as maj- be
necessary for reporting each case of truancy or lack of attendance to the
chief attendance officer referred to in this article. Such rules shall pro-vide,
among other things, for a notification in writing to the person respon-sible
for the non-attendance of any child, that the case is to be reported
to the chief attendance officer of the county unless the law is immediately
complied with. The County Board of Education in a county administrative
unit and the board of trustees in a city administrative unit may employ
special attendance officers to be paid from funds derived from fines, for-feitures
and penalties, or other local funds, and said officers shall have full
authority to prosecute for violations of this article; Provided further that
in any unit where a special attendance oflBcer is employed, the duties of
chief attendance officer or truant officer as provided by law shall, in so far
as they relate to such unit, be transferred from the County Superintendent
of Public Welfare to the special attendance officer of said unit. (1923,
c. 136, s. 349; 1939, c. 270; C. S. 5759.)
§115-305. Violation of law; penalty. Any parent, guardian, or other
person violating the provisions of this article shall be guilty of a misde-meanor,
and upon conviction shall be liable to a fine of not less than five
dollars nor more than twenty-five dollars, and upon failure or refusal to
pay such fine, the said parent, guardian, or other person shall be impris-oned
not exceeding thirty days in the county jail. (1923, c. 136, s. 350;
C. S. 5760.)
§115-30 6. Investigation and prosecution by county superintendent and
attendance officer. The county superintendent of public welfare or chief
school attendance officer or truant officer provided for by law shall investi-gate
and prosecute all violators of the provisions of this article. The
Compulsory School Attendance 9
reports of unlawful absence required to be made by teachers and principals
to the chief attendance officer shall in his hands, in case of any prosecution,
constitute prima facie evidence of the violation of this article, and the
burden of proof shall be upon the defendant to show the lawful attendance
of the child or children upon an authorized school. (1923, c. 136, s. 351;
1925, c. 226, s. 2; C. S. 5761.)
§115-307. Investigation as to indigency of child. If affidavit shall be
made by the parent of a child or by any other person that any child be-tween
the ages of seven and fourteen years is not able to attend school by
reason of necessity to work or labor for the support of itself or the support
of the family, then the attendance officer shall diligently inquire into the
matter and bring it to the attention of some court allowed by law to act
as a juvenile court, and said court shall proceed to find whether as a
matter of fact such parents, or persons standing in locus parentis, are
unable to send said child to school for the term of compulsorj- attendance
for the reasons given. If the court shall find, after careful investigation,
that the parents have made or are making a bona fide effort to comply with
the compulsory attendance act, and by reason of illness, lack of earning
capacity, or any other cause which the court may deem valid and suffi-cient,
are unable to send said child to school, then the court shall find and
state what help is needed for the family to enable the attendance law to
be complied with. The court shall transmit its findings to the county
board of education of the county or, in special-charter districts, to the
board of trustees in which the case may arise. (1923, c. 136, s. 352;
C. S. 5762.)
§115-308. Aid to indigent child. The county board of education shall,
In its discretion, order aid to be given the family from the operating and
equipment fund of the county school budget to an extent not to exceed ten
dollars per month for such child during the continuance of the compulsorj"
term; and shall at the same time require said officer to see that the money
is used for the purpose for which it is appropriated and to report from
time to time whether it shall be continued or withdrawn. And the county
board of education is hereby authorized in making out the county budget
to provide a sum to meet the provisions of this article. (1923, c. 13 6,
s. 353; C. S. 5763.)
Art. 43. Compulsory Attendance of Deaf and Blind Children
§115-30 9. Deaf and blind children to attend school; age limits; mini-mum
attendance. Every deaf and every blind child of sound mind in
North Carolina who shall be qualified for admission into a state school for
the deaf or the blind shall attend a school for the deaf or the blind for a
term of nine months each year between the ages of seven and eighteen
years. Parents, guardians, or custodians of every such blind or deaf child
between the ages of seven and eighteen years shall send, or cause to be
sent, such child to some school for the instruction of the blind or deaf as
is herein provided: Provided, that the board of directors of any school for
the deaf or blind may exempt any such child from attendance at any
session or during any year, and may discharge from their custody any such
blind or deaf child whenever such discharge seems necessary or proper.
Whenever a deaf or blind child shall reach the age of eighteen and is still
unable to become self-supporting because of its defects, such a child shall
10 CoMPTJLsoBy School Attendance
continue in said school until it reaches the age of twenty-one, unless it
becomes self-supporting sooner. (1923, c. 136, s. 354; C. S. 5764.)
§115-310. Parents, etc., failing to send deaf child to school guilty of
misdemeanor; provisos. The parents, guardians, or custodians of any
deaf children between the ages of seven and eighteen years failing to send
such deaf child or children to some school for instruction, as provided in
the article, shall be guilty of a misdemeanor, and upon conviction shall be
fined or imprisoned, at the discretion of the court, for each year said deaf
child is kept out of school, between the ages herein provided: Provided,
(1) that parents, guardians, or custodians may elect two years between
the ages of seven and eighteen years that a deaf child or children may
remain out of school, and (2) that this section shall not applj" to or be
enforced against the parent, guardian, or custodian of any deaf child until
such time as the superintendent of any school for the instruction of the
deaf, by and with the approval of the executive committee of such insti-tution,
shall in his and their discretion serve written notice on such
parent, guardian, or custodian, directing that such child be sent to the
institution whereof they have charge. (1923, c. 136, s. 355; C. S. 5765.)
§115-311. Parents, etc., failing to send blind child to school, guilty of
misdemeanor; provisos. The parents, guardians or custodians of any blind
child or children between the ages of seven and eighteen years failing to
send such child or children to some school for the instruction of the blind
shall be guilty of a misdemeanor, and upon conviction shall be fined or
imprisoned, at the discretion of the court, for each year that such child or
children shall be kept out of school between the ages specified: Provided,
(1) that this section shall not be enforced against the parents, guardians,
or custodians of any blind child until such time as the authorities of some
school for the instruction of the blind shall serve written notice on such
parents, guardians, or custodians, directing that such child be sent to the
school whereof they have charge; and (2) that the authorities of the
state school for the blind and the deaf shall not be compelled to retain in
their custody or under their instruction any incorrigible person or persons
of confirmed immoral habits. (1923, c. 136, s. 356; C. S. 5766.)
§115-312. County superintendent to report defective children. It shall
be the duty of the county superintendent to report through proper legal
channels, the names and addresses of parents, guardians, or custodians of
deaf, dumb, blind, and feeble-minded children to the principal of the
institution provided for each, and upon the failure of the county superin-tendent
to make such reports, he shall be fined five dollars for each child
of the class mentioned above not so reported. (1923, c. 136, s. 357;
C. S. 5767.)
RULINGS OF THE ATTORNEY GENERAL CONCERNING
COMPULSORY SCHOOL ATTENDANCE
8 April, 1943
COPY
SUBJECT: Schools; Compulsory Attendance Law;
Duties of Welfare Officers; Enforcement.
Mr , Superintendent
City Schools
, North Carolina
Dear Mr :
You inquire if the welfare officers of the various counties of the State
are relieved of all liability for assisting in the enforcement of the com-pulsory
attendance law.
Prior to the year 1939, it was clearly the duty of the welfare officers in
the various counties of the State to investigate and prosecute all violators
of the compulsory attendance law, the applicable Sections being Consoli-deted
Statutes 5017 (Now Section 108-14 of the General Statutes of North
Carolina), which provided that the County Superintendent of Public Wel-fare
should be the chief attendance officer of the county, and Consolidated
Statutes 5761 (Now Section 115-306 of the General Statutes of North
Carolina), which provided that the County Superintendent of Public Wel-fare
or chief school attendance officer or truant officer provided for by law
shall investigate and prosecute all violators of the compulsorj- attendance
law.
The General Assembly of 1939 enacted Chapter 270 of the Public Laws
of 1939, which was made a part of Consolidated Statutes 5759 (Now Sec-tion
115-304 of the General Statutes of North Carolina), and this Chapter
provided that the County Board of Education in a county administrative
unit and the Board of Trustees in a city administrative unit might employ
special attendance officers to be paid from funds derived from fines, for-feitures
and penalties, or other local funds, and that said officers shall
have full authority to prosecute for violations of the compulsory at-tendance
law. This Chapter contained a proviso to the effect that in any
unit where a special attendance officer is employed, the duties of chief
attendance officer or truant officer, in so far as they related to such unit,
were transferred from the County Superintendent of Public Welfare to the
special attendance officer of the unit.
The General Assembly of 1941, in enacting Chapter 270, Public Laws of
1941, rewrote Consolidated Statutes 5017 (Now Section 108-14 of the
General Statutes of North Carolina), which outlines the powers and duties
of County Superintendents of Public Welfare, and omitted therefrom that
portion of the Section which designated the Countj' Superintendent of
Welfare as the chief school attendance officer of the county. That portion
of Consolidated Statutes 5761 (Now Section 115-306 of the General
Statutes of North Carolina), which places the duty of investigating and
prosecuting violators of the provisions of the compulsory attendance law
on the County Superintendents of Public Welfare is not referred to in
12 CoiiPULsoRY School Attendance
Chapter 270 of the Public Laws of 1941, and does not seem to be affected
by it.
Thus, it would seem to me that in the absence of a local statute desig-nating
some other person as chief school attendance officer or truant
officer, or in the absence of employment of such a person under the pro-visions
of Chapter 270 of the Public Laws of 1939, the County Superin-tendent
of Public Welfare would still be charged with the duty of investi-gating
and prosecuting all violators of the compulsory attendance law.
I do not have any information as to how many counties in the State have
employed attendance officers under Chapter 270, Public Laws of 1939.
Of course you understand that the opinions of this Office are advisory
only and are not binding on the courts of this State.
Haeky MoMullan,
Attorney General.
Signed: George B. Patton,
Assistant Attorney General.
GBP—
d
2 September, 1943
COPY
SUBJECT: Schools; Compulsory Attendance Law;
• Dismissal of Pupils; Mentally Defective Pupils.
Dr. Clyde A. Erwin
State Superintendent of Public Instruction
Raleigh, North Carolina .
•
Dear Dr. Erwin:
Receipt is acknowledged of your letter of August 31 enclosing a letter
from Mr. of , North Carolina. You desire to
know what discretion, in my opinion, a principal or teacher has in judging
whether or not a child should remain in school.
It seems to me that the compulsory attendance law contemplates that
all children in North Carolina between certain ages should receive some
type of training. The type of school in which such training is to be re-ceived
is, to my mind, determined by the mental or physical condition of
the particular child in question. If the child is a normal, healthy child, it
should attend the public schools or a school which is included in the
definition of "school" as contained in Section 5 757 of Michie's NORTH
CAROLINA CODE OP 1939, ANNOTATED (Now Section 115-302 of the
General Statutes of North Carolina).
Section 5767 of Michie's Code (Now Section 115-312 of the General
Statutes of North Carolina) provides:
"It shall be the duty of the superintendent to report through
proper legal channels the names and addresses of parents,
guardians, or custodians, of deaf, dumb, blind, and feeble minded
children to the institution provided for each, and upon the failure
of the county superintendent to make such reports, he shall be
fined $5.00 for each child of the class mentioned above not so
reported."
Compulsory School Attendance 13
Section 55 67 authorizes physical examination of pupils attending the
schools of the State. If a child is not found to be feeble minded or
physically defective, to such an extent that the instruction of such child
is provided for by the State of North Carolina otherwise than in the public
school, it is my thought that such child should be accepted in the public
schools of this State and would be subject to discipline in the school which
such child attends.
Of course. Section 5563 of Michie's NORTH CAROLINA CODE OF
1939, ANNOTATED (Now Section 115-145 of the General Statutes of
North Carolina), provides that a teacher in a school having no principal
or the principal of a school shall have authority to suspend any pupil who
willfully and persistently violates the rules of the schools or who may be
guilty of a moral or disreputable conduct or who may be a menace to the
school. This section further provides that every suspension for cause shall
be reported at once to the attendance officer, who shall investigate the
cause and shall deal with the offender, in accordance with rules governing
the attendance of children in schools.
It is therefore my opinion that unless the child about which Mr.
inquires is a feeble minded child, the school authorities should accept the
pupil and undertake to subject her to the discipline of the school and
should only dismiss her if she comes within the purview of Section 5563
above referred to.
Yours very truly,
Harry McMullan,
Attorney General.
Signed: George B. Patton,
Assistant Attorney General.
GBP:LHA
January 6, 1944
COPY
SUBJECT: Schools; Compulsory Attendance;
Enforcement; Juvenile Courts; Procedure.
Dr. Clyde A. Erwin
Superintendent of Public Instruction
Raleigh, North Carolina
Dear Dr. Erwin:
Receipt is acknowledged of your letter of January 3 enclosing letter
from Superintendent of the schools.
You desire that this oflBce give an opinion on two questions raised in Mr.
,'s letter.
The first question is, "Does a special attendance officer have authority
to pick up a child out of school and deliver him to the principal of his or
her respective school?"
It is provided in Section 115-304 of the General Statutes of North
Carolina (formerly C. S. 5759, as amended) that the county board of
education in a county administrative unit and the board of trustees in a
city administrative unit may employ special attendance officers to be paid
14 Compulsory School Attendance
from funds derived from fines, forfeitures and penalties, or other local
funds, and that said officers shall have full authority to prosecute for
violations of this article. The section further provides that in any unit
where a special attendance officer is employed, the duties of chief at-tendance
officer or truant officer insofar as they relate to such unit shall
be transferred from the county superintendent of public welfare to the
special attendance officer of said unit. Thus, you will see that if the
procedure outlined in this section is followed, the duties in connection
with the enforcement of the compulsory attendance law would be trans-ferred
to the special attendance officer or officers and they would be
clothed with such authority as is given attendance or truant officers under
the law.
It will be noted that under the provisions of Section 115-303 of the
General Statutes of North Carolina (formerly C. S., 5758, as amended)
the State Board of Education is required to formulate such rules and
regulations as may be necessary for the proper enforcement of the com-pulsory
attendance law and the board is required to prescribe what shall
constitute truancy. This section makes it the duty of all school officials
to carry out the instructions of the state board of education and the
failure to do so is made a misdemeanor.
Under the provisions of Section 115-306 (formerly C. S., 5761, as
amended) the county superintendent of public welfare or chief school
attendance officer or truant officer is required to investigate and prosecute
all violators of the compulsory attendance law and reports of unlawful
absence are required to be made by the teachers and principals to the
chief attendance officer.
I do not find any specific statute which would tend to authorize an
attendance officer to arrest a child who is out of school without the service
of some process issued by the juvenile court. It is my thought that the
attendance officer would be authoiuzed to request a child who is out of
school to accompany the attendance officer to the school and, in attempting
to secure the return of the child, to use the art of persuasion, but I am
definitely of the opinion that the attendance officer would not be
authorized to arrest the child or use any physical force in securing the
child's return to school.
Under the provisions of Section 110-21 of the General Statutes of North
Carolina (formerly C. S. 503 9) the juvenile court has exclusive jurisdic-tion
of the case of a child less than 16 years of age who is truant, and the
judge of the juvenile court would be authorized to issue the proper process
to bring the child before the juvenile court.
Your second question is, "What is the procedure in taking the child
before a juvenile court judge?"
Section 110-25 of the General Statutes of North Carolina (formerly
C. S., 5043) provides that any person having knowledge or information
that a child is within the provisions of the juvenile court act and subject
to the jurisdiction of the court may file with the court a petition verified,
by affidavit stating the alleged facts which bring such child within such
provisions. The parties must set forth the name and residence of the
child and of the parents, or the name and residence of the person having
the guardianship, custody, or supervision of such child, if the same be
CoMPTJLSOEY School Attendance 15
known, or ascertained, by the petitioner, or the petition shall state that
they are unknown if that be the fact.
Section 110-26 (formerly C. S., 5044) provides that upon the filing of
the petition or upon the taking of a child into custody, the court may
forthwith or after an investigation by a probation officer or other person,
cause to be issued a summons, signed by the judge or the clerk of the
court, directed to the child and to the parent or other person standing in
the relation of parent requiring them to appear with the child at the time
and place stated in the summons to show cause why the child should not
be dealt with according to the provisions of the juvenile court act.
Section 110-28 (formerly C. S., 5046) provides for the service of the
summons and further provides that in case the summons cannot be served
or the party served fails to obey the same and in any case when it is made
to appear to the court that summons will be ineffectual or that the welfare
of the child requires that he shall be brought forthwith into the custody
of the court, a warrant may be issued on order of the court either against
the parent or person standing in the relation of parent or against the
child himself, and the sheriff or other lawful officer of the county in which
the action is taken is required to serve all papers as directed by the court,
but the papers may be served by any person delegated by the court for
that purpose.
If I can be of any further assistance to you in this matter, please do not
hesitate to call on me.
Very truly yours,
Harry McMullan,
Attorney General.
Signed: George B. Patton,
Assistant Attorney General.
RULES AND REGULATIONS
ADOPTED BY THE
STATE BOARD OF EDUCATION
COMPLXSORY AGE AND ATTENDANCE
All children "between the ages of seven and fourteen," that is, from the
seventh to the fourteenth birthday, are required to attend the public
school continuouslj", except as hereinafter provided.
All children between the ages mentioned above "shall attend school con-tinuously
for a period equal to the time when the public school in the dis-trict
in which the child resides shall be in session." If the public school
in the district in which the child resides runs six months, or even as much
as nine months, the child must attend so long as the public school Is in
session. A public school is construed to mean the school in the district
supported by State and county funds.
Except where a special attendance officer is employed under the pro-visions
of chapter 270, P. L. 1939, the county Superintendent of Public
Welfare is the chief school attendance officer provided for by law and is
charged with the duty of investigating and prosecuting all violations of
the compulsory attendance law. The reports of the teachers give him the
necessary information upon which to proceed in the enforcement of the
law.
PRIV ATE SCHOOLS AND TUTORS
If a child is attending a private school, he must attend for a term equal
to that of the public school provided in the district in which the child
resides. [The original regulation with reference to private schools is now
incorporated in section 302 of the general compulsory attendance laic.'\ (1925,
c. 226, s. 1.)
WHEN ABSENCES MAY BE EXCUSED
Section 115-302 of the compulsory attendance act provides that "the
superintendent, principal, or teacher who is in charge of such school shall
have the right to excuse a child for temporary absence on account of
sickness or distance of residence from the school, or other unavoidable
causes which do not constitute truancy as defined by the State Board of
Education." The superintendent, principal, or teacher, whenever said
teacher is in charge of the school, may excuse children for non-attendance
under the following conditions:
1. Dlness of the child that incapacitates the child from attending
school shall constitute a legitimate excuse for non-attendance. The
principal or teacher, however, shall require a physician's certificate if a
child is continually absent for illness, unless the teacher is satisfied that
the child is really unable to attend school. But wherever it is incon-venient
to secure a physician's certificate, it shall be the duty of the teacher
to investigate continued absence for illness, and if the teacher is not
satisfied that the reputed illness is sufficient cause for absence, she shall
report the case to the county health officer for final decision.
CoMPTJLSOEY School Attendance 17
2. Illness in the family is a legitimate excuse for non-attendance
wherever it is apparent that the child's services are needed in the home or
wherever there may be danger of spreading a contagious disease.
3. Death in the immediate family is likewise a legitimate excuse for
non-attendance.
4. Quarantine is, of course, a legitimate excuse, and quarantine shall
be understood to mean isolation by order of the local or State Board of
Health.
5. Physical incapacity shall be an excuse for non-attendance. This
shall be interpreted to mean physical defects which make it difficult for the
child to attend school, or which render the instruction of the child im-practicable
in any other than special class or a special school. Wherever
possible, special classes should be provided for such pupils, who would be
encouraged though not required to attend.
6. Mental incapacity shall be an excuse for non-attendance, and is
interpreted to mean feeble-mindedness or such nervous disorder as to
make it either impossible for such child to profit by instruction given in
the school or impracticable for the teacher properly to instruct the normal
pupils of the school. In the case of feeble-minded children the teacher
shall designate the same in her reports to the county superintendent of
public welfare, and it shall be his duty to report all such cases to the
State Board of Charities and Public Welfare.
7. Severe weather, that may be dangerous to the health or safety of
the children in transit to and from school, shall constitute a legitimate
excuse for non-attendance.
8. Distance from the school shall constitute a legitimate excuse for
non-attendance if a child resides two and a half-miles or more by the
nearest route of travel from the schoolhouse or an established bus route.
Note: The present law on State transportation of pupils provides that
the bus route shall come within one mile of the child unless road or other
conditions make it inadvisable.
9. Poverty in certain cases may be a legitimate excuse, but all such
cases must be reported to the county superintendent of public welfare.
Cooperation of individuals and organized agencies engaged in specialized
social work should be invoked by the teacher. In this connection, school
officials are referred to sections 307 and 308 of the compulsory attendance
law printed elsewhere in this pamphlet. Aid to indigent children is now
under the county welfare budget under the direction of the county
superintendent of public welfare.
10. The completion of the course of study of the public school at-tendance
area in which the child resides shall excuse the child from
attending school, although said child may not have reached his fourteenth
birthday.
11. Demands of the farm or home. Section 30 3 of the compulsory
school act provides that "immediate demands of the farm or home" in
certain seasons of the year in the several sections of the State shall
constitute a legal excuse for temporary non-attendance, and the State
Board of Education is authorized to formulate such rules and regulations
as it may deem necessary to meet the provisions of this act. Since the
conditions in different parts of the State are so unlike, the State Board of
18 Compulsory School Attendance
Education authorizes the county boards of education and the governing
authorities of city administrative units to excuse temporary non-attendance
in any particular county where the agricultural conditions are such as to
show a reasonable need for the services of the children, under the follow-ing
conditions:
a. Where it is apparent that the demands of the farm are serious
enough to require the immediate services of the child, and
b. Where it is apparent that sufficient assistance to meet these de-mands
is not at hand and cannot be secured.
c. Where it is apparent that the demands of the home, due to sickness
or other causes, are such as to call for the immediate assistance of
any child, and
d. Where it is apparent that immediate assistance is not available in
the home and cannot be secured.
There is no desire to work any hardship on any communitj'. The object
is to secure attendance first, and not to make the law so stringent as to
work a hardship. It is well known that in the trucking season of the year
the assistance of the older children in many cases is necessary. Moreover,
at certain times during the cotton-picking season the assistance of the
children is necessary. In other sections of the State agricultural demands
may be such as to make the assistance of the older children necessary.
But it hardly can be said that the children under ten years of age can be
of much assistance, either in the cases of farm or domestic needs.
In such seasons of the year it might be wise to open school earlier and
close about 12 or 1 o'clock, thus permitting the pupils to attend school
the first half of the day and to aid their parents the second half. This
has been tried with success in certain districts and only a verj- few stu-dents
are actually required in the home or in the fields during the school
session.
Note: Some counties have found it advantageous to divide the term
by suspending the operation of the schools during cotton picking time.
UNLAWFUL ABSENCES
Truancy
Truancy is here defined to mean absence from school on the part of the
child without the consent of the parent. The school should cooperate in
every way possible with the parent to prevent or correct truancy, and the
necessity for assuming this responsibility should be impressed upon the
parent. It is particularly important to correct truancy in its early stages,
because if not corrected there, it usuallj- leads to serious forms of de-linquency.
Any child who willfully absents himself from school for at least one day,
is guilty of truancy, and it shall be the duty of the teacher to explain this
law to the pupil and parent. If the child persists in willfully absenting
himself from school, the teacher shall report the same to the principal
and he to the attendance officer.
Other Unlawful Absences
Section 30 5 of the compulsory attendance act provides that any parent
or guardian violating the provisions of this act shall be guilty of a misde-meanor,
that is, if any parent is the cause of the child's non-attendance by
keeping said child at home or permitting the child to be employed in any
Compulsory School Attendaivce 19
way contrary to the Child Welfare Law (Chapter 110 of the Code), he
shall be guilty of a misdemeanor and the penalty is prescribed in section
305.
All absences due to the consent or indifference of the parents shall be
considered unlawful absences. Such absences shall not be construed as
truancy, but as violations of section 30 5 of the compulsory attendance law.
Parents who refuse to comply with the health regulations of a com-munity,
such as compulsory vaccination, thereby causing their children
to be excluded from the school, are responsible for the non-attendance of
their children and come within the provisions of section 30 5 of the com-pulsory
school law.
SUSPENSION FROM SCHOOL
"Whenever the conduct of any pupil in school is such as in the opinion of
the teacher should merit suspension, the teacher shall report the child,
together with the causes for suspension to the principal; and if upon
investigation the principal deems suspension advisable, he shall make the
order of suspension and report the child and the cause of suspension to
the attendance officer, who may carrj- the child before the judge of the
juvenile court having jurisdiction in the matter.
The teacher and parent should cooperate to save such child to the
school, and the teacher should use great caution in handling such cases,
for suspension should always be the last resort of a teacher. No child
should be suspended unless it is evident that the welfare of the school is
endangered by his presence. Moreover, teachers should not hesitate to
reinstate a pupil if it is at all evident that the child may be reclaimed, and
a reinstatement should be allowed by the juvenile court as a part of the
conditions of probation for the child.
RULES OF PROCEDURE FOR THE ENFORCEMENT OF THE
COMPULSORY ATTENDi\NCE LAW
A. AS TO SCHOOL OFFICIALS
—
1. The Teacher; The teacher is the key person in the enforcement of
the compulsory attendance law. It is her duty:
a. To inform pupils and parents of the value and importance of regular
school attendance.
(1) By classroom activities
(2) By assembly programs
(3) At P. T. A. and teachers meetings
(4) By visits and talks with individual parents or guardians
(5) By written material (printed or mimeographed), and
(6) By building up public sentiment in the community for regular
school attendance.
b. To ascertain the cause of non-attendance and thus determine when an
absence is excused or nnexcused in the legal sense. (See Rules and
Regulations of the State Board of Education and Section 115-144 of the
General Statutes of North Carolina, 1943.)
(1) Written Excuses. Although the law does not specify in what
manner the teacher shall obtain the information as to the cause
of an absence, the system of requiring written excuses has been
very successful and is recommended as the general practice to be
20 Compulsory School Attendance
followed. However, where the teacher obtains knowledge other-wise
that the cause of an absence is lawful under the Rules and
Regulations adopted by the State Board of Education and a written
excuse is not provided, such absences should not be reported as
"unlawful." In case written excuses are required the teacher should
advise children and parents of the necessity of prompt excuses.
(May be included in A-l-a above.) Each child should be instructed
to bring from the parent the written excuse giving the cause of
absence on the first day upon returning to school after having been
absent.
(2) Notice of absence. In case no written excuse has been provided or
the teacher has not obtained the cause of any child's absence from
any other source, a written inquiry or "Notice of Absence" shall
be sent to the parent or guardian of that child requesting that an
excuse be given or that such child will be reported to the Attend-ance
Officer for violation of the Compulsory Attendance Law. Note:
A printed form, Notice of Absence, Form C3, may be secured from
the principal of the school for use in this connection. (See below.)
(3) Report to principal. In case no reply is received from this Notice
within a reasonable time, not exceeding 5 days, and the child has
not returned to school, the teacher shall report that child to the
principal. {Report of JJnlaioful Absence form shall be used.)
2. The Principal: The principal, as head of the school, shall assume
the responsibility for the enforcement of the compulsory attendance law
and the Rules and Regulations adopted by the State Board of Education
in relation thereto in the following particulars:
a. He shall, in so far as it relates to his activities, utilize the means out-lined
under 1-a above to inform pupils, parents, and teachers as to their
respective duties in respect to school attendance.
b. He shall keep a supply of each of the prescribed forms on hand for
the use of himself and the teachers working under his supervision.
These he will secure from the superintendent or mimeograph them in
accordance with forms suggested and approved by the superintendent.
c. He shall report on the forms prescribed cases of unlawful absence to
the attendance officer.
(1) Report of JJnlatcful Absences. When the principal receives a re-port
from the teacher that a child is or was unlawfully absent from
school, he shall report that child's absence to the attendance officer
on the form provided for that purpose (Form C5) and giving the
information in detail concerning each person so reported as indi-cated
on the form. He shall prepare such reports on unlawful
absence in duplicate, sending both copies to the attendance officer.
Whenever possible, it is suggested that the principal confer in
person with the attendance officer concerning each particular case
and giving additional facts surrounding each violation of the law
which are not indicated on the form. (See B below—"Attendance
Officer.")
Compulsory School Attendance 21
(2) Court Cases. In case a child or parent is reported to the court
for failure of the child to attend school, the principal may be called
as a witness in the case; and it will be his duty to appear when
so called at the time and place specified, and have with him the
teacher's report of unlawful absence (Form C7) as well as the
teacher in person, if available,
d. He shall report to the welfare superintendent the "School Record,"
Form D. L. 4, of any child who expects to enter employment following
the close of ihe school term.
3. The Superintendent: The superintendent, as head of the county
or city administrative unit and as a part of his duties in the administration
of the public schools, should assume the responsibility for creating and
encouraging a community public sentiment favorable to the enforcement
of the Compulsory Attendance Law.
a. He should through teachers meetings, P. T. A. meetings, the newspapers,
mimeograph statements and other media keep the public informed about
the value, importance and necessity of regular school attendance, and
he should advise his principals and teachers as to their duties and
responsibilities in respect to the enforcement of the law and in building
up public sentiment for regular school attendance.
b. It shall be his special duty to arrange with the attendance officer of his
unit for meetings with teachers and principals for discussions concern-ing
school attendance and the enforcement of the compulsory attendance
law to the end that the law may operate as frictionless and as smoothly
as possible.
c. He shall endeavor to arouse a spirit of cooperation among all con-cerned—
pupils, parents, teachers, principals, attendance officers, and
court officials—in the administration of the law.
d. He shall also provide such forms and materials as are necessary for the
administration of the law and the Rules and Regulations of the State
Board of Education, and distribute this material to the school principals.
Note: Some of these forms may be obtained from the State Super-intendent
of Public Instruction. The superintendent is free, however,
to devise any form that may fit the needs of his unit better or furnish
statements concerning the question of school attendance to his princi-pals
and teachers. This may be necessary in case a special attendance
officer is employed. A letter or statement to principals and teachers
at the beginning of the year, in which attention is called to the law
and with the suggestion that a statement be prepared and distributed
to the children for the parents, is especially desirable.
B. AS TO THE ATTENDANCE OFFICER—
It is the duty of the attendance officer under the law "to investigate and
prosecute all violators" of the compulsory attendance law.
1. Investigation. Upon receiving from the principal a report of unlawful
absence covering any child, the attendance officer (or superintendent
of public welfare in case no special attendance officer is employed)
shall investigate the conditions surrounding the causes of absence of
each case. In so far as practicable, the investigation of poverty and
truancy should be done by personal visit.
22 Compulsory School Attendance
(a) Poverty. In case the unlawful absence is due to poverty the at-tendance
officer should report the case to the welfare superin-tendent.
In case no special attendance officer is employed the
welfare superintendent will provide the necessary clothing to the
extent of funds available in accordance with the welfare law.
(b) Truancy and parental indifference. In case a personal visit is not
feasible, a personal letter should be sent to the parent in which
attention is called (1) to the child's being reported for unlawful
absence and (2) to the failure of the parent to render a valid excuse
to the teacher for his non-attendance, with (3) the warning that
unless the child returns to school immediately, or a satisfactory
'
^ excuse is rendered to the principal and attendance officer as to why
the child is or was not in school, that under the compulsory school
law the parent will be prosecuted, or in the case of truancy, that
the child will be carried before the judge of the juvenile court.
2. Prosecution. In case of a personal visit no satisfactory excuse is fur-nished
by the parent, or if the parent shall fail within a reasonable
time (to be stipulated in the letter of notification) to furnish a satis-factory
excuse as to the child's absence, then the attendance officer
shall cause a warrant to be issued against the parent charging a viola-tion
of the Compulsory Attendance Law. If from the investigation
"truancy" has been determined as the cause of a child's absence, then the
attendance officer shall cause a summons to be issued requiring the
parent to bring the child before the Juvenile Court Judge upon a day cer-tain
for a hearing. If the child is not brought into Juvenile Court in
answer to the summons, then a warrant shall be issued and served by
an officer of the law. The testimony of the attendance officer shall be
admitted as evidence in each case.
3. Report to Prmcipal. The attendance officer shall report to the principal
the results of the investigation, or prosecution, in case there is any,
of each case reported. The duplicate copy of the report of the unlawful
absence to the attendance officer shall be used for this purpose. The
original copy properly filled out shall be retained in the files of the
attendance officer as his official record on the case.
FORMS AUTHORIZED BY THE STATE SUPERINTENDENT
Every teacher or principal is required to make the reports called for
below, and the superintendent shall not approve the final voucher of any
teacher or principal until all reports have been made according to law. The
first two of these forms are obtained from the school superintendent, and
the latter from rhe superintendent of public Avelfare by the pupil.
1. Notice of Absence—Report Form C3.
Every teacher should impress upon the child the necessity of providing
a prompt excuse of his absence. Each child should be instructed to bring
a written excuse from the parent on the first day of the return to school
after having been absent. Such a rule as this will decrease materially the
number of notices to be sent to parents and will aid the teacher in accounting
for the absences from school.
Compulsory School Attendance 23
Form C3
NOTICE OF ABSENCE
(TEACHER'S NOTICE TO PARENT OR GUARDIAN)
19
Mr :
You are hereby notified that your child, ,
age.— - years, was absent from school days last week.
The Compulsory Attendance Law makes it necessary for you to give an
excuse for this absence. You may use the other side of this form for writing
this excuse. Unless there is a good reason for continued absence, the child
should be returned to school immediately.
Failure to give the required excuse will be considered as evidence in the
violation of the Compulsory Attendance Law, and make it necessary that the
absence of your child be reported to the Attendance Officer for his attention
and investigation.
Very truly yours.
Teacher
Note : The Rules and Regulations Governing the Compulsory Attendance Law require that
the teacher shall send a written or printed notice to every parent or other person whose child
has been absent, unless a satisfactory excuse for such absence has already been rendered. If
no satisfactory excuse is obtained, then the child shall be reported to the principal, who will in
turn report him to the attendance officer as having violated the Compulsory Attendance Law.
2. Report of Unlawful Absence—Form C5.
The teacher shall use this form in reporting to the principal the name of
any child who has been or is unlawfully absent. Upon receipt of a report
from the teacher giving the name of a pupil who has been absent unlawfully
the principal shall, upon being satisfied that such pupil has been or is now
unlawfully absent, report same with such additional information requested
on this form to the attendance officer of his administrative unit. Use a
separate form for each child so reported.
Form C5
REPORT OF UNLAWFUL ABSENCE
Date
._. TO ATTENDANCE OFFICER: I
Name of Pupil Absent hereby wish to report the pupil
named hereon as having violated
the Compulsory Attendance Law.
Age Grade -
Signed
Days Absent (Unexcused) Principal
Absence Due to: Parental Indifference Truancy Poverty
Date Notice Sent _
Name of Parent or Guardian ..__
Address __
(Detail of Instructions, as to roads, community, etc., as to locating home.)
24 Compulsory School Attendance
Date
TO THE PRINCIPAL:
On - I investigated the above named case and am
giving the following results and comments :_-... .._
Signed:
Attendance Officer
Note : Principal will prepare the first part of this report in duplicate and give or send both
copies to the attendance officer. After investigation or prosecution the attendance officer will
complete the second part and return the duplicate to the principal, keeping the original for
his flies.
3. School Record—Form D.L.4.
Two weeks previous to the close of the school term the teacher or prin-cipal
shall read and explain the child labor law and rulings of the Depart-ment
of Labor to the pupils. Opportunity shall then be given to those
expecting to enter employment to make their desire known to the teacher or
principal. Those wishing to enter emploj^ment will be furnished with a
school record of evidence. The evidence secured upon this school record of
evidence will be considered by the Superintendent of Public Welfare or
authorized agent of the Department of Labor in issuing a child labor certifi-cate
in accordance with the provisions j)f the Child AVelfare Law. (Chapter
110, N. C. Code.)
Form D. L. 4.
N. C. DEPARTMENT OF LABOR
Superintendent of Welfare
(County)
This will certify that.
SCHOOL RECORD
Name of Minor Age Sex Color
Address
Street City or Town County
has completed the grade in school,
according to the school records of the
Name of School
(County)
Signature
Official Title
City or Town
Date-
School official
-19
36M—4-43
C-51-52
4:
^^:

C01',C=ULS0RY SCHOOL ATTENDANCE
t '----'
^
THE LIBRARY OF THE
UNIVERSITY OF
NORTH CAROLINA
THE COLLECTION OF
NORTH CAROLINIANA
PRESENTED BY
Gary ?/. Barefoot
Cp379.23
N67p2.1
m
00034026385
FOR USE ONLY IN
THE NORTH CAROLINA COLLECTION
^'a >
Ca3?^. ^ 3
Publication? No. 247
COMPULSORY
SCHOOL ATTENDANCE
Issued by the
State Supeei>'texdent of Public Instructio:n
Raleigh, North Carolina
CJf'jL'J ;j
CONTENTS
Page
Preface 3
Statement by Mrs. W. T. Bost, Commissioner of State Board of
Charities and Public Welfare 5
Law—Compulsory Attendance in Schools 7
Rulings of the Attornej- General Concerning Compulsory School
Attendance 11
Rules and Regulations Adopted by the State Board of Education 16
Forms Authorized by the State Superintendent of Public Instruction 22
PREFACE
The importance of regular school attendance as a requisite to good
learning is well-known. While school attendance is compulsory for all
children between the ages of seven and fourteen, the Constitution pro-vides
that all children between the ages of six and twenty-one years are
entitled to the benefits of public education. Regular school attendance,
however, has not yet reached the point where the results from good
teaching situations may be considered satisfactory. In a few local areas
where attendance officers have been especially active, notable success has
been made. But on a State-wide basis, even though there has been some
effort to improve the situation, there are still more unnecessary absences
than there should be.
Every teacher knows that adequate instruction cannot be given to a
pupil who attends classes irregularly. Most parents realize this too. And
yet last year, 1942-43, there were an average of 56,439 absences for each
day the schools operated. The records show that absences are greater
among pupils in the elementary grades, one out of each 14 in membership
as against one out of each 18 in grades 8-12. The reports also show that
in addition to these daily absences there were 57,000 pupils who actually
stopped school to enter employment or for other reasons. Some of these
were unavoidable, it is true; but it is obvious that when one child out of
every fourteen in average daily membership is absent, efficiency of in-struction
decreases and pupil retardation increases. The fact that the
Army is now having to conduct schools in order to teach soldiers how to
read and write indicates that such soldiers did not attend school regularly
when they had the opportunity.
Under the authority conferred by the Compulsory Attendance Law and
in accordance with the Rules and Regulations of the State Board of
Education, every public school official, including boards of education,
superintendents, supervisors, principals, attendance officers, and teachers,
is charged with specific duties and responsibilities in connection with the
enforcement of the law. That this law has not been enforced in a good
vJ many places is generally known. This noncompliance with the law appears
« to be due to the fact that responsibility for its enforcement has been
Ti distributed and the officials concerned have not always worked together
^=> closely enough to make the law effective. In addition, a lack of knowl-edge
or misunderstanding as to respective duties and responsibilities has
caused a general apathy to grow up among school people and welfare
officers alike, each holding the other responsible for the enforcement of
the law.
Believing that the time has come when something should be done to
clarify this situation, Mrs. W. T. Bost, State Commissioner of Charities
ind Welfare, and I jointly appointed a committee to study the situation
and to make recommendations as to ways and means of stimulating more
'^^ interest in school attendance and to define the duties and responsibilities
of each person concerned with the enforcement of the law. That com-mittee,
composed of school superintendents, welfare superintendents and
?^
4 Compulsory School Attexdance
State department officials, has recently made its report which includes
five major recommendations as follows:
1. That "Rules of Procedure for the Enforcement of the Compulsory
Attendance Law" be adopted.
2. That the "Rules and Regulations Governing Compulsory School
Attendance Adopted by the State Board of Education" be revised.
3. That the forms used in the enforcement of the law be revised.
4. That a bulletin on Compulsory School Attendance based on the
adopted revisions be prepared and distributed.
5. That a "State-wide Campaign to Secure Better School Attendance"
be initiated and carried out.
The State Board of Education at its meeting on February 24, 1944,
adopted the Report of the Committee, and approved the preparation of a
publication containing the Compulsory Attendance Law, the Rules and
Regulations of the State Board of Education as amended in accordance
with the suggestions of the Committee, the "Rules of Procedure for the
Enforcement of the Compulsory Attendance Law" as prepared by the Com-mittee,
Rulings of the Attorney General as to certain questions concerning
the Law, and a statement by Mrs. W. T. Bost, Commissioner of Public
Charities and Welfare. The revised forms suggested by the Committee
are also printed in this bulletin.
Upon receipt of this publication, I wish each of you to read it carefully,
especially that part which concerns your duties and responsibilities, and
begin Jioiv in line with the suggestions contained herein to inaugurate a
program to secure better school attendance not only for the remaining
months of this year, but for each succeeding year. As you well know,
school attendance is more inclusive than just the enforcement of the Com-pulsory
School Attendance Law. I hope, therefore, that you will consider
it in its broader aspects and will cooperate with others in an effort to
secure better school attendance beginning with the enforcement of the
law.
Btate Superintendent of Public Instruction.
February 25, 1944.
STATEMENT BY MRS. W. T. BOST, COMMISSIONER OF
STATE BOARD OF CHARITIES AND PUBLIC WELFARE
The statement made by Dr. Clyde A. Erwin, State Superintendent of
Public Instruction, that during the school year 1942-43 there was an
average of 56,439 absences for each day the schools operated is a startling
one, and calls for constructive action on the part of all State and local
agencies charged with responsibility for the enforcement of the com-pulsory
school attendance act in North Carolina. Apparently other states
are faced with similar problems as statistics show that from 1940 to 1942
there was a ten per cent drop in school enrollment.
According to the more recent ruling of the Attorney General's Office, it
is the duty of the County Superintendent of Public Welfare under the law
"to investigate and prosecute all violators" of the compulsory attendance
law which assumes that before the report of absences has been placed in
the hands of the welfare superintendent by school officials it has been
determined by investigation that it is an unlawful absence and therefore
a violation of the law. Enabling legislation passed in 193 9 permitted
county and city administrative school boards to appoint special school
attendance officers, and in such cases, responsibility for enforcement of
compulsory school attendance is transferred from the county superin-tendent
of public welfare to the special school attendance officer.
Regardless of the degree of responsibility lodged with county welfare
departments for seeing that children attend school, social workers are
among the first to recognize the school as a most valuable resource and as
a positive force in the training of children. They likewise recognize
school truancy as a first step in juvenile delinquency. In case work with
families needing public assistance, proper clothing for school children is
among the first needs to be recognized and met. The correction of some
physical defect by medical care, or perhaps the study and treatment of a
mental or emotional disturbance of a child are other conditions that claim
attention. In other words, the welfare department is deeply concerned in
the matter of preparing the child for school as well as keeping him in
school.
While it is true that North Carolina along with two other states,
Georgia and Lousiana, permit children to stop school at the age of 14,
have we not a responsibility for seeing that all children between the ages
of 6 and 21 avail themselves of the benefits of public education, thereby
fitting themselves for becoming self-supporting, self-reliant citizens?
Katherine F. Lenroot, Chief of the United States Children's Bureau,
recently stated that 3,000,000 children 14 to 17 years of age are now em-ployed,
and urged that we see to it that many of those children be put
back in school. Hundreds of instances are shown in which manj- of those
young people are carrying a double load with a full schedule of school
work and long hours of outside work, sometimes as much as 5 6 or 70
hours a week. Many of these young people are lured from home and
6 Compulsory School Attendance
school by the glamor of these war jobs at high wages, when in actuality
there is no economic need for them to work. They should be kept in
school.
In 1942 the number of 14 and 15 year-olds obtaining certificates for
full or part-time employment in the country was twice as great as 1941,
and for the 16 and 17 year-old group the increase was nearly 75%. In
North Carolina in 1941 the number of non-manufacturing group children
14-16 in employment was 3,259 while in 1942 it was 6,753. For the group
16-18, 17, 114 work certificates were issued in 1941 and 28,666 in 1942.
There is a dual responsibility therefore placed upon all agencies con-cerned
with youth, not only for enforcement of the compulsory school
attendance law but encouragement and stimulation of these young people
to stay in school beyond the required age of 14, if they are to acquire the
skills and training they must have in order to meet the stiff competition
that employment offers today.
COMPULSORY ATTENDANCE IN SCHOOLS
(SUBCHAPTER XV, CHAPTER 115, N. C. CODE)
Art. 42. General Compulsory Attendance Law
§115-30 2. Parent or guardian required to keep child in school; excep-tion.
Every parent, guardian, or other person in the State having charge
or control of a child between the ages of seven and fourteen years shall
cause such child to attend school continuouslj" for a period equal to the
time which the public school in the district in which the child resides shall
be in session. The principal, superintendent, or teacher who is in charge
of such school shall have the right to excuse the child from temporary
attendance on account of sickness or distance of residence from the school,
or other unavoidable cause which does not constitute truancy as defined
by the State Board of Education. The term "school" as used in this sec-tion
is defined to embrace all public schools and such private schools as
have tutors or teachers and curricula that are approved by the county
superintendent of public instruction or the State Board of Education.
All private schools receiving and instructing children of compulsory
school age shall be required to keep such records of attendance and render
such reports of the attendance of such children as are required of public
schools; and attendance upon such schools, if the school or tutor refuses
or neglects to keep such records or to render such reports, shall not be
accepted in lieu of attendance upon the public school of the district, town,
or city which the child shall be entitled to attend: Provided, instruction
in a private school or by a private tutor shall not be regarded as meeting
the requirements of the law unless the courses of instruction run con-currently
with the term of the public school in the district and extend for
at least as long a term. (1923, c. 136, s. 347; 1925, c. 226, s. 1; C. S.
5757.)
§115-30 3. State Board of Education to make rules and regulations;
method of enforcement. It shall be the duty of the State Board of Edu-cation
to formulate such rules and regulations as may be necessary for
the proper enforcement of the provisions of this article. The Board shall
prescribe what shall constitute truancy, what causes may constitute legiti-mate
excuses for temporary non-attendance due to physical or mental
inability to attend, and under what circumstances teachers, principals, or
superintendents may excuse pupils for non-attendance due to immediate
demands of the farm or the home in certain seasons of the year in the
several sections of the State. It shall be the duty of all school officials to
carry out such instructions from the State Board of Education, and any
school official failing to carry out such, instructions shall be guilty of a
misdemeanor. Provided, that the preceding section shall not be in force
in any City or County that has a higher compulsory attendance law now
in force than that provided herein; but in any such case it shall be the duty
of the State Board of Education to investigate the same and decide that
any such law now in force has a higher compulsory attendance feature than
that provided by this article: Provided, that wherever any district is with-out
adequate buildings for the proper enforcement of this article, the
County Boards of Education may be allowed not more than two years
8 Compulsory School Attendance
from July the first, one thousand nine hundred and nineteen, to make full
and ample provision in every district.
Mental incapacity shall be an excuse for non-attendance, and is inter-preted
to mean feeble-mindedness or such nervous disorder as to make it
either impossible for such child to profit by instruction given in the school
or impracticable for the teacher properly to instruct the normal pupils of
the school. In the case of feeble-minded children the teacher shall desig-nate
the same in her reports to the County Superintendent of Public
Welfare, and it shall be his duty to report all such cases to the State Board
of Charities and Public Welfare. Whereupon said Board shall make, or
cause to be made, an examination to ascertain the mental incapacity of
said child and report the same to the County or City Superintendent in-volved.
Upon receipt of said report the local school authorities are hereby
authorized, under such limitations and rules as the State Board of Edu-cation
may adopt, to exclude said child from the public school when it is
ascertained that the child cannot benefit by said instruction and his
presence becomes a source of disturbance to the rest of the children. In
all such cases in vi^hich a child is excluded from school a complete record
of the whole transaction shall be filed in the office of the County or City
Superintendent and kept as a public record. (1923, c. 136, s. 348; 1931,
c. 453, s. 1; C. S. 5758.)
§115-304. Attendance officers; reports; prosecutions. The State Super-intendent
of Public Instruction shall prepare such rules and procedure and
furnish such blanks for teachers and other school officials as maj- be
necessary for reporting each case of truancy or lack of attendance to the
chief attendance officer referred to in this article. Such rules shall pro-vide,
among other things, for a notification in writing to the person respon-sible
for the non-attendance of any child, that the case is to be reported
to the chief attendance officer of the county unless the law is immediately
complied with. The County Board of Education in a county administrative
unit and the board of trustees in a city administrative unit may employ
special attendance officers to be paid from funds derived from fines, for-feitures
and penalties, or other local funds, and said officers shall have full
authority to prosecute for violations of this article; Provided further that
in any unit where a special attendance oflBcer is employed, the duties of
chief attendance officer or truant officer as provided by law shall, in so far
as they relate to such unit, be transferred from the County Superintendent
of Public Welfare to the special attendance officer of said unit. (1923,
c. 136, s. 349; 1939, c. 270; C. S. 5759.)
§115-305. Violation of law; penalty. Any parent, guardian, or other
person violating the provisions of this article shall be guilty of a misde-meanor,
and upon conviction shall be liable to a fine of not less than five
dollars nor more than twenty-five dollars, and upon failure or refusal to
pay such fine, the said parent, guardian, or other person shall be impris-oned
not exceeding thirty days in the county jail. (1923, c. 136, s. 350;
C. S. 5760.)
§115-30 6. Investigation and prosecution by county superintendent and
attendance officer. The county superintendent of public welfare or chief
school attendance officer or truant officer provided for by law shall investi-gate
and prosecute all violators of the provisions of this article. The
Compulsory School Attendance 9
reports of unlawful absence required to be made by teachers and principals
to the chief attendance officer shall in his hands, in case of any prosecution,
constitute prima facie evidence of the violation of this article, and the
burden of proof shall be upon the defendant to show the lawful attendance
of the child or children upon an authorized school. (1923, c. 136, s. 351;
1925, c. 226, s. 2; C. S. 5761.)
§115-307. Investigation as to indigency of child. If affidavit shall be
made by the parent of a child or by any other person that any child be-tween
the ages of seven and fourteen years is not able to attend school by
reason of necessity to work or labor for the support of itself or the support
of the family, then the attendance officer shall diligently inquire into the
matter and bring it to the attention of some court allowed by law to act
as a juvenile court, and said court shall proceed to find whether as a
matter of fact such parents, or persons standing in locus parentis, are
unable to send said child to school for the term of compulsorj- attendance
for the reasons given. If the court shall find, after careful investigation,
that the parents have made or are making a bona fide effort to comply with
the compulsory attendance act, and by reason of illness, lack of earning
capacity, or any other cause which the court may deem valid and suffi-cient,
are unable to send said child to school, then the court shall find and
state what help is needed for the family to enable the attendance law to
be complied with. The court shall transmit its findings to the county
board of education of the county or, in special-charter districts, to the
board of trustees in which the case may arise. (1923, c. 136, s. 352;
C. S. 5762.)
§115-308. Aid to indigent child. The county board of education shall,
In its discretion, order aid to be given the family from the operating and
equipment fund of the county school budget to an extent not to exceed ten
dollars per month for such child during the continuance of the compulsorj"
term; and shall at the same time require said officer to see that the money
is used for the purpose for which it is appropriated and to report from
time to time whether it shall be continued or withdrawn. And the county
board of education is hereby authorized in making out the county budget
to provide a sum to meet the provisions of this article. (1923, c. 13 6,
s. 353; C. S. 5763.)
Art. 43. Compulsory Attendance of Deaf and Blind Children
§115-30 9. Deaf and blind children to attend school; age limits; mini-mum
attendance. Every deaf and every blind child of sound mind in
North Carolina who shall be qualified for admission into a state school for
the deaf or the blind shall attend a school for the deaf or the blind for a
term of nine months each year between the ages of seven and eighteen
years. Parents, guardians, or custodians of every such blind or deaf child
between the ages of seven and eighteen years shall send, or cause to be
sent, such child to some school for the instruction of the blind or deaf as
is herein provided: Provided, that the board of directors of any school for
the deaf or blind may exempt any such child from attendance at any
session or during any year, and may discharge from their custody any such
blind or deaf child whenever such discharge seems necessary or proper.
Whenever a deaf or blind child shall reach the age of eighteen and is still
unable to become self-supporting because of its defects, such a child shall
10 CoMPTJLsoBy School Attendance
continue in said school until it reaches the age of twenty-one, unless it
becomes self-supporting sooner. (1923, c. 136, s. 354; C. S. 5764.)
§115-310. Parents, etc., failing to send deaf child to school guilty of
misdemeanor; provisos. The parents, guardians, or custodians of any
deaf children between the ages of seven and eighteen years failing to send
such deaf child or children to some school for instruction, as provided in
the article, shall be guilty of a misdemeanor, and upon conviction shall be
fined or imprisoned, at the discretion of the court, for each year said deaf
child is kept out of school, between the ages herein provided: Provided,
(1) that parents, guardians, or custodians may elect two years between
the ages of seven and eighteen years that a deaf child or children may
remain out of school, and (2) that this section shall not applj" to or be
enforced against the parent, guardian, or custodian of any deaf child until
such time as the superintendent of any school for the instruction of the
deaf, by and with the approval of the executive committee of such insti-tution,
shall in his and their discretion serve written notice on such
parent, guardian, or custodian, directing that such child be sent to the
institution whereof they have charge. (1923, c. 136, s. 355; C. S. 5765.)
§115-311. Parents, etc., failing to send blind child to school, guilty of
misdemeanor; provisos. The parents, guardians or custodians of any blind
child or children between the ages of seven and eighteen years failing to
send such child or children to some school for the instruction of the blind
shall be guilty of a misdemeanor, and upon conviction shall be fined or
imprisoned, at the discretion of the court, for each year that such child or
children shall be kept out of school between the ages specified: Provided,
(1) that this section shall not be enforced against the parents, guardians,
or custodians of any blind child until such time as the authorities of some
school for the instruction of the blind shall serve written notice on such
parents, guardians, or custodians, directing that such child be sent to the
school whereof they have charge; and (2) that the authorities of the
state school for the blind and the deaf shall not be compelled to retain in
their custody or under their instruction any incorrigible person or persons
of confirmed immoral habits. (1923, c. 136, s. 356; C. S. 5766.)
§115-312. County superintendent to report defective children. It shall
be the duty of the county superintendent to report through proper legal
channels, the names and addresses of parents, guardians, or custodians of
deaf, dumb, blind, and feeble-minded children to the principal of the
institution provided for each, and upon the failure of the county superin-tendent
to make such reports, he shall be fined five dollars for each child
of the class mentioned above not so reported. (1923, c. 136, s. 357;
C. S. 5767.)
RULINGS OF THE ATTORNEY GENERAL CONCERNING
COMPULSORY SCHOOL ATTENDANCE
8 April, 1943
COPY
SUBJECT: Schools; Compulsory Attendance Law;
Duties of Welfare Officers; Enforcement.
Mr , Superintendent
City Schools
, North Carolina
Dear Mr :
You inquire if the welfare officers of the various counties of the State
are relieved of all liability for assisting in the enforcement of the com-pulsory
attendance law.
Prior to the year 1939, it was clearly the duty of the welfare officers in
the various counties of the State to investigate and prosecute all violators
of the compulsory attendance law, the applicable Sections being Consoli-deted
Statutes 5017 (Now Section 108-14 of the General Statutes of North
Carolina), which provided that the County Superintendent of Public Wel-fare
should be the chief attendance officer of the county, and Consolidated
Statutes 5761 (Now Section 115-306 of the General Statutes of North
Carolina), which provided that the County Superintendent of Public Wel-fare
or chief school attendance officer or truant officer provided for by law
shall investigate and prosecute all violators of the compulsorj- attendance
law.
The General Assembly of 1939 enacted Chapter 270 of the Public Laws
of 1939, which was made a part of Consolidated Statutes 5759 (Now Sec-tion
115-304 of the General Statutes of North Carolina), and this Chapter
provided that the County Board of Education in a county administrative
unit and the Board of Trustees in a city administrative unit might employ
special attendance officers to be paid from funds derived from fines, for-feitures
and penalties, or other local funds, and that said officers shall
have full authority to prosecute for violations of the compulsory at-tendance
law. This Chapter contained a proviso to the effect that in any
unit where a special attendance officer is employed, the duties of chief
attendance officer or truant officer, in so far as they related to such unit,
were transferred from the County Superintendent of Public Welfare to the
special attendance officer of the unit.
The General Assembly of 1941, in enacting Chapter 270, Public Laws of
1941, rewrote Consolidated Statutes 5017 (Now Section 108-14 of the
General Statutes of North Carolina), which outlines the powers and duties
of County Superintendents of Public Welfare, and omitted therefrom that
portion of the Section which designated the Countj' Superintendent of
Welfare as the chief school attendance officer of the county. That portion
of Consolidated Statutes 5761 (Now Section 115-306 of the General
Statutes of North Carolina), which places the duty of investigating and
prosecuting violators of the provisions of the compulsory attendance law
on the County Superintendents of Public Welfare is not referred to in
12 CoiiPULsoRY School Attendance
Chapter 270 of the Public Laws of 1941, and does not seem to be affected
by it.
Thus, it would seem to me that in the absence of a local statute desig-nating
some other person as chief school attendance officer or truant
officer, or in the absence of employment of such a person under the pro-visions
of Chapter 270 of the Public Laws of 1939, the County Superin-tendent
of Public Welfare would still be charged with the duty of investi-gating
and prosecuting all violators of the compulsory attendance law.
I do not have any information as to how many counties in the State have
employed attendance officers under Chapter 270, Public Laws of 1939.
Of course you understand that the opinions of this Office are advisory
only and are not binding on the courts of this State.
Haeky MoMullan,
Attorney General.
Signed: George B. Patton,
Assistant Attorney General.
GBP—
d
2 September, 1943
COPY
SUBJECT: Schools; Compulsory Attendance Law;
• Dismissal of Pupils; Mentally Defective Pupils.
Dr. Clyde A. Erwin
State Superintendent of Public Instruction
Raleigh, North Carolina .
•
Dear Dr. Erwin:
Receipt is acknowledged of your letter of August 31 enclosing a letter
from Mr. of , North Carolina. You desire to
know what discretion, in my opinion, a principal or teacher has in judging
whether or not a child should remain in school.
It seems to me that the compulsory attendance law contemplates that
all children in North Carolina between certain ages should receive some
type of training. The type of school in which such training is to be re-ceived
is, to my mind, determined by the mental or physical condition of
the particular child in question. If the child is a normal, healthy child, it
should attend the public schools or a school which is included in the
definition of "school" as contained in Section 5 757 of Michie's NORTH
CAROLINA CODE OP 1939, ANNOTATED (Now Section 115-302 of the
General Statutes of North Carolina).
Section 5767 of Michie's Code (Now Section 115-312 of the General
Statutes of North Carolina) provides:
"It shall be the duty of the superintendent to report through
proper legal channels the names and addresses of parents,
guardians, or custodians, of deaf, dumb, blind, and feeble minded
children to the institution provided for each, and upon the failure
of the county superintendent to make such reports, he shall be
fined $5.00 for each child of the class mentioned above not so
reported."
Compulsory School Attendance 13
Section 55 67 authorizes physical examination of pupils attending the
schools of the State. If a child is not found to be feeble minded or
physically defective, to such an extent that the instruction of such child
is provided for by the State of North Carolina otherwise than in the public
school, it is my thought that such child should be accepted in the public
schools of this State and would be subject to discipline in the school which
such child attends.
Of course. Section 5563 of Michie's NORTH CAROLINA CODE OF
1939, ANNOTATED (Now Section 115-145 of the General Statutes of
North Carolina), provides that a teacher in a school having no principal
or the principal of a school shall have authority to suspend any pupil who
willfully and persistently violates the rules of the schools or who may be
guilty of a moral or disreputable conduct or who may be a menace to the
school. This section further provides that every suspension for cause shall
be reported at once to the attendance officer, who shall investigate the
cause and shall deal with the offender, in accordance with rules governing
the attendance of children in schools.
It is therefore my opinion that unless the child about which Mr.
inquires is a feeble minded child, the school authorities should accept the
pupil and undertake to subject her to the discipline of the school and
should only dismiss her if she comes within the purview of Section 5563
above referred to.
Yours very truly,
Harry McMullan,
Attorney General.
Signed: George B. Patton,
Assistant Attorney General.
GBP:LHA
January 6, 1944
COPY
SUBJECT: Schools; Compulsory Attendance;
Enforcement; Juvenile Courts; Procedure.
Dr. Clyde A. Erwin
Superintendent of Public Instruction
Raleigh, North Carolina
Dear Dr. Erwin:
Receipt is acknowledged of your letter of January 3 enclosing letter
from Superintendent of the schools.
You desire that this oflBce give an opinion on two questions raised in Mr.
,'s letter.
The first question is, "Does a special attendance officer have authority
to pick up a child out of school and deliver him to the principal of his or
her respective school?"
It is provided in Section 115-304 of the General Statutes of North
Carolina (formerly C. S. 5759, as amended) that the county board of
education in a county administrative unit and the board of trustees in a
city administrative unit may employ special attendance officers to be paid
14 Compulsory School Attendance
from funds derived from fines, forfeitures and penalties, or other local
funds, and that said officers shall have full authority to prosecute for
violations of this article. The section further provides that in any unit
where a special attendance officer is employed, the duties of chief at-tendance
officer or truant officer insofar as they relate to such unit shall
be transferred from the county superintendent of public welfare to the
special attendance officer of said unit. Thus, you will see that if the
procedure outlined in this section is followed, the duties in connection
with the enforcement of the compulsory attendance law would be trans-ferred
to the special attendance officer or officers and they would be
clothed with such authority as is given attendance or truant officers under
the law.
It will be noted that under the provisions of Section 115-303 of the
General Statutes of North Carolina (formerly C. S., 5758, as amended)
the State Board of Education is required to formulate such rules and
regulations as may be necessary for the proper enforcement of the com-pulsory
attendance law and the board is required to prescribe what shall
constitute truancy. This section makes it the duty of all school officials
to carry out the instructions of the state board of education and the
failure to do so is made a misdemeanor.
Under the provisions of Section 115-306 (formerly C. S., 5761, as
amended) the county superintendent of public welfare or chief school
attendance officer or truant officer is required to investigate and prosecute
all violators of the compulsory attendance law and reports of unlawful
absence are required to be made by the teachers and principals to the
chief attendance officer.
I do not find any specific statute which would tend to authorize an
attendance officer to arrest a child who is out of school without the service
of some process issued by the juvenile court. It is my thought that the
attendance officer would be authoiuzed to request a child who is out of
school to accompany the attendance officer to the school and, in attempting
to secure the return of the child, to use the art of persuasion, but I am
definitely of the opinion that the attendance officer would not be
authorized to arrest the child or use any physical force in securing the
child's return to school.
Under the provisions of Section 110-21 of the General Statutes of North
Carolina (formerly C. S. 503 9) the juvenile court has exclusive jurisdic-tion
of the case of a child less than 16 years of age who is truant, and the
judge of the juvenile court would be authorized to issue the proper process
to bring the child before the juvenile court.
Your second question is, "What is the procedure in taking the child
before a juvenile court judge?"
Section 110-25 of the General Statutes of North Carolina (formerly
C. S., 5043) provides that any person having knowledge or information
that a child is within the provisions of the juvenile court act and subject
to the jurisdiction of the court may file with the court a petition verified,
by affidavit stating the alleged facts which bring such child within such
provisions. The parties must set forth the name and residence of the
child and of the parents, or the name and residence of the person having
the guardianship, custody, or supervision of such child, if the same be
CoMPTJLSOEY School Attendance 15
known, or ascertained, by the petitioner, or the petition shall state that
they are unknown if that be the fact.
Section 110-26 (formerly C. S., 5044) provides that upon the filing of
the petition or upon the taking of a child into custody, the court may
forthwith or after an investigation by a probation officer or other person,
cause to be issued a summons, signed by the judge or the clerk of the
court, directed to the child and to the parent or other person standing in
the relation of parent requiring them to appear with the child at the time
and place stated in the summons to show cause why the child should not
be dealt with according to the provisions of the juvenile court act.
Section 110-28 (formerly C. S., 5046) provides for the service of the
summons and further provides that in case the summons cannot be served
or the party served fails to obey the same and in any case when it is made
to appear to the court that summons will be ineffectual or that the welfare
of the child requires that he shall be brought forthwith into the custody
of the court, a warrant may be issued on order of the court either against
the parent or person standing in the relation of parent or against the
child himself, and the sheriff or other lawful officer of the county in which
the action is taken is required to serve all papers as directed by the court,
but the papers may be served by any person delegated by the court for
that purpose.
If I can be of any further assistance to you in this matter, please do not
hesitate to call on me.
Very truly yours,
Harry McMullan,
Attorney General.
Signed: George B. Patton,
Assistant Attorney General.
RULES AND REGULATIONS
ADOPTED BY THE
STATE BOARD OF EDUCATION
COMPLXSORY AGE AND ATTENDANCE
All children "between the ages of seven and fourteen," that is, from the
seventh to the fourteenth birthday, are required to attend the public
school continuouslj", except as hereinafter provided.
All children between the ages mentioned above "shall attend school con-tinuously
for a period equal to the time when the public school in the dis-trict
in which the child resides shall be in session." If the public school
in the district in which the child resides runs six months, or even as much
as nine months, the child must attend so long as the public school Is in
session. A public school is construed to mean the school in the district
supported by State and county funds.
Except where a special attendance officer is employed under the pro-visions
of chapter 270, P. L. 1939, the county Superintendent of Public
Welfare is the chief school attendance officer provided for by law and is
charged with the duty of investigating and prosecuting all violations of
the compulsory attendance law. The reports of the teachers give him the
necessary information upon which to proceed in the enforcement of the
law.
PRIV ATE SCHOOLS AND TUTORS
If a child is attending a private school, he must attend for a term equal
to that of the public school provided in the district in which the child
resides. [The original regulation with reference to private schools is now
incorporated in section 302 of the general compulsory attendance laic.'\ (1925,
c. 226, s. 1.)
WHEN ABSENCES MAY BE EXCUSED
Section 115-302 of the compulsory attendance act provides that "the
superintendent, principal, or teacher who is in charge of such school shall
have the right to excuse a child for temporary absence on account of
sickness or distance of residence from the school, or other unavoidable
causes which do not constitute truancy as defined by the State Board of
Education." The superintendent, principal, or teacher, whenever said
teacher is in charge of the school, may excuse children for non-attendance
under the following conditions:
1. Dlness of the child that incapacitates the child from attending
school shall constitute a legitimate excuse for non-attendance. The
principal or teacher, however, shall require a physician's certificate if a
child is continually absent for illness, unless the teacher is satisfied that
the child is really unable to attend school. But wherever it is incon-venient
to secure a physician's certificate, it shall be the duty of the teacher
to investigate continued absence for illness, and if the teacher is not
satisfied that the reputed illness is sufficient cause for absence, she shall
report the case to the county health officer for final decision.
CoMPTJLSOEY School Attendance 17
2. Illness in the family is a legitimate excuse for non-attendance
wherever it is apparent that the child's services are needed in the home or
wherever there may be danger of spreading a contagious disease.
3. Death in the immediate family is likewise a legitimate excuse for
non-attendance.
4. Quarantine is, of course, a legitimate excuse, and quarantine shall
be understood to mean isolation by order of the local or State Board of
Health.
5. Physical incapacity shall be an excuse for non-attendance. This
shall be interpreted to mean physical defects which make it difficult for the
child to attend school, or which render the instruction of the child im-practicable
in any other than special class or a special school. Wherever
possible, special classes should be provided for such pupils, who would be
encouraged though not required to attend.
6. Mental incapacity shall be an excuse for non-attendance, and is
interpreted to mean feeble-mindedness or such nervous disorder as to
make it either impossible for such child to profit by instruction given in
the school or impracticable for the teacher properly to instruct the normal
pupils of the school. In the case of feeble-minded children the teacher
shall designate the same in her reports to the county superintendent of
public welfare, and it shall be his duty to report all such cases to the
State Board of Charities and Public Welfare.
7. Severe weather, that may be dangerous to the health or safety of
the children in transit to and from school, shall constitute a legitimate
excuse for non-attendance.
8. Distance from the school shall constitute a legitimate excuse for
non-attendance if a child resides two and a half-miles or more by the
nearest route of travel from the schoolhouse or an established bus route.
Note: The present law on State transportation of pupils provides that
the bus route shall come within one mile of the child unless road or other
conditions make it inadvisable.
9. Poverty in certain cases may be a legitimate excuse, but all such
cases must be reported to the county superintendent of public welfare.
Cooperation of individuals and organized agencies engaged in specialized
social work should be invoked by the teacher. In this connection, school
officials are referred to sections 307 and 308 of the compulsory attendance
law printed elsewhere in this pamphlet. Aid to indigent children is now
under the county welfare budget under the direction of the county
superintendent of public welfare.
10. The completion of the course of study of the public school at-tendance
area in which the child resides shall excuse the child from
attending school, although said child may not have reached his fourteenth
birthday.
11. Demands of the farm or home. Section 30 3 of the compulsory
school act provides that "immediate demands of the farm or home" in
certain seasons of the year in the several sections of the State shall
constitute a legal excuse for temporary non-attendance, and the State
Board of Education is authorized to formulate such rules and regulations
as it may deem necessary to meet the provisions of this act. Since the
conditions in different parts of the State are so unlike, the State Board of
18 Compulsory School Attendance
Education authorizes the county boards of education and the governing
authorities of city administrative units to excuse temporary non-attendance
in any particular county where the agricultural conditions are such as to
show a reasonable need for the services of the children, under the follow-ing
conditions:
a. Where it is apparent that the demands of the farm are serious
enough to require the immediate services of the child, and
b. Where it is apparent that sufficient assistance to meet these de-mands
is not at hand and cannot be secured.
c. Where it is apparent that the demands of the home, due to sickness
or other causes, are such as to call for the immediate assistance of
any child, and
d. Where it is apparent that immediate assistance is not available in
the home and cannot be secured.
There is no desire to work any hardship on any communitj'. The object
is to secure attendance first, and not to make the law so stringent as to
work a hardship. It is well known that in the trucking season of the year
the assistance of the older children in many cases is necessary. Moreover,
at certain times during the cotton-picking season the assistance of the
children is necessary. In other sections of the State agricultural demands
may be such as to make the assistance of the older children necessary.
But it hardly can be said that the children under ten years of age can be
of much assistance, either in the cases of farm or domestic needs.
In such seasons of the year it might be wise to open school earlier and
close about 12 or 1 o'clock, thus permitting the pupils to attend school
the first half of the day and to aid their parents the second half. This
has been tried with success in certain districts and only a verj- few stu-dents
are actually required in the home or in the fields during the school
session.
Note: Some counties have found it advantageous to divide the term
by suspending the operation of the schools during cotton picking time.
UNLAWFUL ABSENCES
Truancy
Truancy is here defined to mean absence from school on the part of the
child without the consent of the parent. The school should cooperate in
every way possible with the parent to prevent or correct truancy, and the
necessity for assuming this responsibility should be impressed upon the
parent. It is particularly important to correct truancy in its early stages,
because if not corrected there, it usuallj- leads to serious forms of de-linquency.
Any child who willfully absents himself from school for at least one day,
is guilty of truancy, and it shall be the duty of the teacher to explain this
law to the pupil and parent. If the child persists in willfully absenting
himself from school, the teacher shall report the same to the principal
and he to the attendance officer.
Other Unlawful Absences
Section 30 5 of the compulsory attendance act provides that any parent
or guardian violating the provisions of this act shall be guilty of a misde-meanor,
that is, if any parent is the cause of the child's non-attendance by
keeping said child at home or permitting the child to be employed in any
Compulsory School Attendaivce 19
way contrary to the Child Welfare Law (Chapter 110 of the Code), he
shall be guilty of a misdemeanor and the penalty is prescribed in section
305.
All absences due to the consent or indifference of the parents shall be
considered unlawful absences. Such absences shall not be construed as
truancy, but as violations of section 30 5 of the compulsory attendance law.
Parents who refuse to comply with the health regulations of a com-munity,
such as compulsory vaccination, thereby causing their children
to be excluded from the school, are responsible for the non-attendance of
their children and come within the provisions of section 30 5 of the com-pulsory
school law.
SUSPENSION FROM SCHOOL
"Whenever the conduct of any pupil in school is such as in the opinion of
the teacher should merit suspension, the teacher shall report the child,
together with the causes for suspension to the principal; and if upon
investigation the principal deems suspension advisable, he shall make the
order of suspension and report the child and the cause of suspension to
the attendance officer, who may carrj- the child before the judge of the
juvenile court having jurisdiction in the matter.
The teacher and parent should cooperate to save such child to the
school, and the teacher should use great caution in handling such cases,
for suspension should always be the last resort of a teacher. No child
should be suspended unless it is evident that the welfare of the school is
endangered by his presence. Moreover, teachers should not hesitate to
reinstate a pupil if it is at all evident that the child may be reclaimed, and
a reinstatement should be allowed by the juvenile court as a part of the
conditions of probation for the child.
RULES OF PROCEDURE FOR THE ENFORCEMENT OF THE
COMPULSORY ATTENDi\NCE LAW
A. AS TO SCHOOL OFFICIALS
—
1. The Teacher; The teacher is the key person in the enforcement of
the compulsory attendance law. It is her duty:
a. To inform pupils and parents of the value and importance of regular
school attendance.
(1) By classroom activities
(2) By assembly programs
(3) At P. T. A. and teachers meetings
(4) By visits and talks with individual parents or guardians
(5) By written material (printed or mimeographed), and
(6) By building up public sentiment in the community for regular
school attendance.
b. To ascertain the cause of non-attendance and thus determine when an
absence is excused or nnexcused in the legal sense. (See Rules and
Regulations of the State Board of Education and Section 115-144 of the
General Statutes of North Carolina, 1943.)
(1) Written Excuses. Although the law does not specify in what
manner the teacher shall obtain the information as to the cause
of an absence, the system of requiring written excuses has been
very successful and is recommended as the general practice to be
20 Compulsory School Attendance
followed. However, where the teacher obtains knowledge other-wise
that the cause of an absence is lawful under the Rules and
Regulations adopted by the State Board of Education and a written
excuse is not provided, such absences should not be reported as
"unlawful." In case written excuses are required the teacher should
advise children and parents of the necessity of prompt excuses.
(May be included in A-l-a above.) Each child should be instructed
to bring from the parent the written excuse giving the cause of
absence on the first day upon returning to school after having been
absent.
(2) Notice of absence. In case no written excuse has been provided or
the teacher has not obtained the cause of any child's absence from
any other source, a written inquiry or "Notice of Absence" shall
be sent to the parent or guardian of that child requesting that an
excuse be given or that such child will be reported to the Attend-ance
Officer for violation of the Compulsory Attendance Law. Note:
A printed form, Notice of Absence, Form C3, may be secured from
the principal of the school for use in this connection. (See below.)
(3) Report to principal. In case no reply is received from this Notice
within a reasonable time, not exceeding 5 days, and the child has
not returned to school, the teacher shall report that child to the
principal. {Report of JJnlaioful Absence form shall be used.)
2. The Principal: The principal, as head of the school, shall assume
the responsibility for the enforcement of the compulsory attendance law
and the Rules and Regulations adopted by the State Board of Education
in relation thereto in the following particulars:
a. He shall, in so far as it relates to his activities, utilize the means out-lined
under 1-a above to inform pupils, parents, and teachers as to their
respective duties in respect to school attendance.
b. He shall keep a supply of each of the prescribed forms on hand for
the use of himself and the teachers working under his supervision.
These he will secure from the superintendent or mimeograph them in
accordance with forms suggested and approved by the superintendent.
c. He shall report on the forms prescribed cases of unlawful absence to
the attendance officer.
(1) Report of JJnlatcful Absences. When the principal receives a re-port
from the teacher that a child is or was unlawfully absent from
school, he shall report that child's absence to the attendance officer
on the form provided for that purpose (Form C5) and giving the
information in detail concerning each person so reported as indi-cated
on the form. He shall prepare such reports on unlawful
absence in duplicate, sending both copies to the attendance officer.
Whenever possible, it is suggested that the principal confer in
person with the attendance officer concerning each particular case
and giving additional facts surrounding each violation of the law
which are not indicated on the form. (See B below—"Attendance
Officer.")
Compulsory School Attendance 21
(2) Court Cases. In case a child or parent is reported to the court
for failure of the child to attend school, the principal may be called
as a witness in the case; and it will be his duty to appear when
so called at the time and place specified, and have with him the
teacher's report of unlawful absence (Form C7) as well as the
teacher in person, if available,
d. He shall report to the welfare superintendent the "School Record,"
Form D. L. 4, of any child who expects to enter employment following
the close of ihe school term.
3. The Superintendent: The superintendent, as head of the county
or city administrative unit and as a part of his duties in the administration
of the public schools, should assume the responsibility for creating and
encouraging a community public sentiment favorable to the enforcement
of the Compulsory Attendance Law.
a. He should through teachers meetings, P. T. A. meetings, the newspapers,
mimeograph statements and other media keep the public informed about
the value, importance and necessity of regular school attendance, and
he should advise his principals and teachers as to their duties and
responsibilities in respect to the enforcement of the law and in building
up public sentiment for regular school attendance.
b. It shall be his special duty to arrange with the attendance officer of his
unit for meetings with teachers and principals for discussions concern-ing
school attendance and the enforcement of the compulsory attendance
law to the end that the law may operate as frictionless and as smoothly
as possible.
c. He shall endeavor to arouse a spirit of cooperation among all con-cerned—
pupils, parents, teachers, principals, attendance officers, and
court officials—in the administration of the law.
d. He shall also provide such forms and materials as are necessary for the
administration of the law and the Rules and Regulations of the State
Board of Education, and distribute this material to the school principals.
Note: Some of these forms may be obtained from the State Super-intendent
of Public Instruction. The superintendent is free, however,
to devise any form that may fit the needs of his unit better or furnish
statements concerning the question of school attendance to his princi-pals
and teachers. This may be necessary in case a special attendance
officer is employed. A letter or statement to principals and teachers
at the beginning of the year, in which attention is called to the law
and with the suggestion that a statement be prepared and distributed
to the children for the parents, is especially desirable.
B. AS TO THE ATTENDANCE OFFICER—
It is the duty of the attendance officer under the law "to investigate and
prosecute all violators" of the compulsory attendance law.
1. Investigation. Upon receiving from the principal a report of unlawful
absence covering any child, the attendance officer (or superintendent
of public welfare in case no special attendance officer is employed)
shall investigate the conditions surrounding the causes of absence of
each case. In so far as practicable, the investigation of poverty and
truancy should be done by personal visit.
22 Compulsory School Attendance
(a) Poverty. In case the unlawful absence is due to poverty the at-tendance
officer should report the case to the welfare superin-tendent.
In case no special attendance officer is employed the
welfare superintendent will provide the necessary clothing to the
extent of funds available in accordance with the welfare law.
(b) Truancy and parental indifference. In case a personal visit is not
feasible, a personal letter should be sent to the parent in which
attention is called (1) to the child's being reported for unlawful
absence and (2) to the failure of the parent to render a valid excuse
to the teacher for his non-attendance, with (3) the warning that
unless the child returns to school immediately, or a satisfactory
'
^ excuse is rendered to the principal and attendance officer as to why
the child is or was not in school, that under the compulsory school
law the parent will be prosecuted, or in the case of truancy, that
the child will be carried before the judge of the juvenile court.
2. Prosecution. In case of a personal visit no satisfactory excuse is fur-nished
by the parent, or if the parent shall fail within a reasonable
time (to be stipulated in the letter of notification) to furnish a satis-factory
excuse as to the child's absence, then the attendance officer
shall cause a warrant to be issued against the parent charging a viola-tion
of the Compulsory Attendance Law. If from the investigation
"truancy" has been determined as the cause of a child's absence, then the
attendance officer shall cause a summons to be issued requiring the
parent to bring the child before the Juvenile Court Judge upon a day cer-tain
for a hearing. If the child is not brought into Juvenile Court in
answer to the summons, then a warrant shall be issued and served by
an officer of the law. The testimony of the attendance officer shall be
admitted as evidence in each case.
3. Report to Prmcipal. The attendance officer shall report to the principal
the results of the investigation, or prosecution, in case there is any,
of each case reported. The duplicate copy of the report of the unlawful
absence to the attendance officer shall be used for this purpose. The
original copy properly filled out shall be retained in the files of the
attendance officer as his official record on the case.
FORMS AUTHORIZED BY THE STATE SUPERINTENDENT
Every teacher or principal is required to make the reports called for
below, and the superintendent shall not approve the final voucher of any
teacher or principal until all reports have been made according to law. The
first two of these forms are obtained from the school superintendent, and
the latter from rhe superintendent of public Avelfare by the pupil.
1. Notice of Absence—Report Form C3.
Every teacher should impress upon the child the necessity of providing
a prompt excuse of his absence. Each child should be instructed to bring
a written excuse from the parent on the first day of the return to school
after having been absent. Such a rule as this will decrease materially the
number of notices to be sent to parents and will aid the teacher in accounting
for the absences from school.
Compulsory School Attendance 23
Form C3
NOTICE OF ABSENCE
(TEACHER'S NOTICE TO PARENT OR GUARDIAN)
19
Mr :
You are hereby notified that your child, ,
age.— - years, was absent from school days last week.
The Compulsory Attendance Law makes it necessary for you to give an
excuse for this absence. You may use the other side of this form for writing
this excuse. Unless there is a good reason for continued absence, the child
should be returned to school immediately.
Failure to give the required excuse will be considered as evidence in the
violation of the Compulsory Attendance Law, and make it necessary that the
absence of your child be reported to the Attendance Officer for his attention
and investigation.
Very truly yours.
Teacher
Note : The Rules and Regulations Governing the Compulsory Attendance Law require that
the teacher shall send a written or printed notice to every parent or other person whose child
has been absent, unless a satisfactory excuse for such absence has already been rendered. If
no satisfactory excuse is obtained, then the child shall be reported to the principal, who will in
turn report him to the attendance officer as having violated the Compulsory Attendance Law.
2. Report of Unlawful Absence—Form C5.
The teacher shall use this form in reporting to the principal the name of
any child who has been or is unlawfully absent. Upon receipt of a report
from the teacher giving the name of a pupil who has been absent unlawfully
the principal shall, upon being satisfied that such pupil has been or is now
unlawfully absent, report same with such additional information requested
on this form to the attendance officer of his administrative unit. Use a
separate form for each child so reported.
Form C5
REPORT OF UNLAWFUL ABSENCE
Date
._. TO ATTENDANCE OFFICER: I
Name of Pupil Absent hereby wish to report the pupil
named hereon as having violated
the Compulsory Attendance Law.
Age Grade -
Signed
Days Absent (Unexcused) Principal
Absence Due to: Parental Indifference Truancy Poverty
Date Notice Sent _
Name of Parent or Guardian ..__
Address __
(Detail of Instructions, as to roads, community, etc., as to locating home.)
24 Compulsory School Attendance
Date
TO THE PRINCIPAL:
On - I investigated the above named case and am
giving the following results and comments :_-... .._
Signed:
Attendance Officer
Note : Principal will prepare the first part of this report in duplicate and give or send both
copies to the attendance officer. After investigation or prosecution the attendance officer will
complete the second part and return the duplicate to the principal, keeping the original for
his flies.
3. School Record—Form D.L.4.
Two weeks previous to the close of the school term the teacher or prin-cipal
shall read and explain the child labor law and rulings of the Depart-ment
of Labor to the pupils. Opportunity shall then be given to those
expecting to enter employment to make their desire known to the teacher or
principal. Those wishing to enter emploj^ment will be furnished with a
school record of evidence. The evidence secured upon this school record of
evidence will be considered by the Superintendent of Public Welfare or
authorized agent of the Department of Labor in issuing a child labor certifi-cate
in accordance with the provisions j)f the Child AVelfare Law. (Chapter
110, N. C. Code.)
Form D. L. 4.
N. C. DEPARTMENT OF LABOR
Superintendent of Welfare
(County)
This will certify that.
SCHOOL RECORD
Name of Minor Age Sex Color
Address
Street City or Town County
has completed the grade in school,
according to the school records of the
Name of School
(County)
Signature
Official Title
City or Town
Date-
School official
-19
36M—4-43
C-51-52
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